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Updated over 2 years ago on . Most recent reply
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Alabama and Tax Deeds
I purchased a tax deed from that state. From my understanding of the deed, the land is now my property. I had it recorded and assessed. now on the county website, it shows changed owner and list me as the new owner for the next tax year. I assumed that it also meant I have a right to sell it. Now I am being told I can only sell for tax interest because it is not a clear title. How do I clear the title?
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- JD, CCIM , Real Estate Broker
- Tuscaloosa, AL
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@Brandon Watson, At one time everyone thought you had to possess the property for three years after your tax deed before you could file a quiet title a lawsuit. Based on some intensive research I've done into the technicalities of quieting title, I think the "well understood rule" described above is just an urban legend that's been repeated so often, everybody takes it for granted. I think that if you do not have any unknown parties in the chain of title from assessed owner to your tax deed, and if you can find them and get service on them, and if you are in exclusive and undisputed possession of the property, you can file your quiet title lawsuit immediately. Also, EVERY single tax sale appellate decision I've read that requires 3 years of possession after the tax deed date was a void tax sale. The law is clear in that regard, that if the tax sale is void, it takes 3 years of adverse possession to clear up the title. I do not think the same rule applies if the tax sale is valid.